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The Revised IBA Guidelines on Conflicts of Interest: A Call to Action for Parties and Counsel?

Kluwer Arbitration

This issue was addressed in a 2021 Blog post by Panagiotis Kyriakou and Charlène Thommen, which commented on the Swiss Federal Tribunal’s (“SFT”) revision of the Court of Arbitration for Sport (“CAS”) award in WADA v. The first addition (“a person or entity over which a party has a controlling influence”) is easy to explain.

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Johannesburg Arbitration Week: Southern Africa to Step into the International Arbitration Spotlight

Kluwer Arbitration

This ascendancy is underscored by the significant strides made since the enactment of South Africa’s International Arbitration Act in 2017, which incorporated the UNCITRAL Model Law, and the subsequent revisions to the AFSA International Rules in 2021.

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Recent Updates by the ICCA Handbook: A Throwback to 2023

Kluwer Arbitration

These changes significantly influence the process of accrediting arbitrators and the enforcement of arbitral awards. Australia: A Pro-Arbitration Shift Dr. Michael Pryles’ National Report for Australia presents a thorough analysis of the 2021 amendments to the ACICA arbitration rules. India: Framework Revisions Underway Fali S.

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Examining the Delegation of the Power to Determine Arbitrability: Insights from Fujitsu Semiconductor Ltd. v. Cypress Semiconductor Corp.

Kluwer Arbitration

Notably, Fujitsu partially breaks with precedent in other jurisdictions on how carve-out provisions influence the delegation of arbitrability. 2021) lends insight applicable to the Fujitsu ruling, particularly in the context of the California Code of Civil Procedure. 168 (2021). Lueck , 471 U.S. 202, 204 n.1 4th 1377 (Fed.

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Interviews with Our Editors: In Conversation with Datuk Sundra Rajoo, Director of the Asian International Arbitration Centre (AIAC)

Kluwer Arbitration

Even though I was resoundingly vindicated by the Malaysian High and Federal Courts in a process that ended in April 2021, AIAC and I now face the challenge of making up for AIAC’S loss of high value and international cases over the past few years. The 2023 Rules are crafted to be in close alignment with the UNCITRAL Arbitration Rules.

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Navigating Disputes with Sanctioned Russian Parties: Key Solutions Offered by the Higher Regional Court of Berlin

Kluwer Arbitration

Nevertheless, even if it initially seems that all sanctioned Russian parties have little incentive beyond withdrawing from arbitration agreements to resolve disputes in Russian courts, various factors could influence their decision. The ACM, by contrast, based its above-mentioned decision on these amendments, namely, Article 248.1(4)

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The Double Hatting Paradox in Investment Arbitration: Justification For Abolition?

Kluwer Arbitration

This illustrates the possibility of an arbitrator getting influenced by his counsel role in other cases. Interestingly, Article 11 has introduced “justifiable doubts” as the standard of disclosure which has its original basis in the UNCITRAL Arbitration Rules 2021. However, Eiser already made these requirements obligatory.